Unknown. Final rule; technical amendment
2,639 words·~12 min read·
/register/2018/09/24/2018-20694·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2018-09-24.xml --- 83 185 Monday, September 24, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48274 2018-20686 Animal Animal and Plant Health Inspection Service RULES Select Agent and Toxin List, 48201-48202 2018-20694 Civil Rights Civil Rights Commission NOTICES Meetings: Alaska Advisory Committee, 48276 2018-20691 Arizona Advisory Committee, 48275 2018-20692 Texas Advisory Committee, 48275 2018-20690 Coast Guard Coast Guard RULES Safety Zones:
Intracoastal Waterway, Biscayne Bay, Miami, FL, 48219-48221 2018-20670 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Revisions to Safety Standard for Portable Hook-On Chairs, 48216-48219 2018-20673 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulations: Evaluation Factors for Multiple-Award Contracts, 48271-48273 2018-20669 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 48295-48296 2018-20698 2018-20674 Meetings: Military Family Readiness Council, 48296-48297 2018-20672 Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Applications: AMPAC Fine Chemicals Virginia, LLC, 48334-48335 2018-20702 Halo Pharmaceutical, Inc., 48334 2018-20701 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 48276-48277 2018-20654 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Magnet Schools Assistance Program—Government Performance and Results Act Table Form, 48297 2018-20725 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Interstate Transport Requirements for 2012 PM <sup>2.5</sup> NAAQS, 48240-48242 2018-20616 Missouri;
Regional Haze Plan and Prong 4 (Visibility) for 2012 PM <sup>2.5</sup> , 2010 NO <sup>2</sup> , 2010 SO <sup>2</sup> , and 2008 Ozone NAAQS, 48242-48244 2018-20615 South Carolina and Tennessee; Regional Haze Plans and Prong 4 (Visibility) for 2012 PM <sup>2.5</sup> , 2010 NO <sup>2</sup> , 2010 SO <sup>2</sup> , and 2008 Ozone NAAQS, 48237-48240 2018-20621 Tennessee; Revisions to New Source Review, 48245-48249 2018-20629 West Virginia; Regional Haze Plan and Visibility Requirements for 2010 Sulfur Dioxide and 2012 Fine Particulate Matter Standards, 48249-48252 2018-20617 Approval of the Clean Air Act, Authority for Hazardous Air Pollutants:
Asbestos Management and Control; Clerical Corrections to Incorporation by Reference of Inactive Waste Disposal Rules; New Hampshire Department of Environmental Services, 48253-48256 2018-20478 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of Dorney Road Landfill Superfund Site, 48256-48257 2018-20745 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48310-48311 2018-20737 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Final Authorization for Hazardous Waste Management Programs, 48307 2018-20634 Focus Groups as Used by EPA for Economics Project, 48308-48309 2018-20637 Land Disposal Restrictions, 48309-48310 2018-20633 Notification of Episodic Releases of Oil and Hazardous Substances, 48311-48312 2018-20636 Submission of Unreasonable Adverse Effects Information, 48307-48308 2018-20638 Meetings: Children's Health Protection Advisory, 48309 2018-20749 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Airbus SAS Airplanes, 48203-48209 2018-20338 2018-20346 Removals of Flight Plan Requirements for Commercial Air Tour Operations within Special Flight Rules Areas: Grand Canyon National Park, 48209-48213 2018-20176 Federal Bureau Federal Bureau of Investigation NOTICES FBI Criminal Justice Information Services Division User Fee Schedule, 48335-48336 2018-20644 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48312-48314 2018-20682 2018-20687 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 48314 2018-20791 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48299-48300 2018-20684 Applications: Coronado Midstream, LLC, 48304-48305 2018-20683 Combined Filings, 48301-48304 2018-20729 2018-20730 2018-20734 2018-20735 Draft General Conformity Determinations: Transcontinental Gas Pipe Line Co., LLC; Northeast Supply Enhancement Project, 48305-48306 2018-20679 Environmental Assessments;
Availability, etc.: Portland Natural Gas Transmission System; Portland Xpress Project, 48300 2018-20678 Filings: Rogers, Bryan S., 48301 2018-20680 Hydroelectric Applications: ECOsponsible, LLC, 48298-48299 2018-20731 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: ORNI 41, LLC, 48300-48301 2018-20732 License Applications: Georgia Power Co., 48303 2018-20685 Petitions for Declaratory Orders: In the Matter of JEA, 48302-48303 2018-20688 Records Governing Off-the-Record Communications, 48306-48307 2018-20733 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48314 2018-20681 Federal Trade Federal Trade Commission RULES Test Procedures and Labeling Standards for Recycled Oil, 48213-48216 2018-20273 Fish Fish and Wildlife Service NOTICES Permits:
Endangered and Threatened Species; Receipt of Recovery Permit Applications, 48324-48330 2018-20656 Foreign Endangered Species, 48331-48332 2018-20662 Foreign Endangered Species; Applications, 48322-48324, 48330-48331 2018-20651 2018-20653 Food and Drug Food and Drug Administration NOTICES Meetings: Patient Engagement Advisory Committee, 48316-48317 2018-20640 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Evaluation Factors for Multiple-Award Contracts, 48271-48273 2018-20669 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application/Permit for Use of Space in Public Buildings and Grounds, 48314-48315 2018-20727 Environmental Impact Statements; Availability, etc.: San Ysidro Land Port of Entry Improvements Project, San Ysidro, CA; Public Meeting, 48315-48316 2018-20744 SES Performance Review Board, 48316 2018-20704 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings:
Secretary's Advisory Committee on Human Research Protections, 48318-48319 2018-20676 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Health Service Corps Scholar/Students to Service Travel Worksheet, 48317-48318 2018-20708 Historic Historic Preservation, Advisory Council NOTICES Meetings: Advisory Council on Historic Preservation Quarterly Business Meeting, 48321 2018-20675 Homeland Homeland Security Department See Coast Guard See U.S.
Customs and Border Protection Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Removal of Section 385 Documentation Regulations, 48265-48271 2018-20652 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products from Republic of Korea, 48277-48278 2018-20724 Forged Steel Fittings from Taiwan, 48280-48281 2018-20797 Determinations of Sales at Less than Fair Value:
Polyethylene Terephthalate Resin from Brazil, 48285-48287 2018-20719 Polyethylene Terephthalate Resin from Indonesia, 48278-48280 2018-20720 Polyethylene Terephthalate Resin from Pakistan, 48281-48283 2018-20722 Polyethylene Terephthalate Resin from Republic of Korea, 48283-48285 2018-20721 Polyethylene Terephthalate Resin from Taiwan, 48287-48289 2018-20723 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
American Manufacturing Competitiveness Act: Effects of Temporary Duty Suspensions and Reductions on U.S. Economy, 48333-48334 2018-20657 Investigations; Determinations, Modifications, and Rulings, etc.: Mattresses from China, 48332-48333 2018-20655 Justice Department Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation Millenium Millennium Challenge Corporation NOTICES Report on Criteria and Methodology for Determining Eligibility of Candidate Countries for Millennium Challenge Account Assistance for Fiscal Year 2019, 48336-48342 2018-20646 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations:
Evaluation Factors for Multiple-Award Contracts, 48271-48273 2018-20669 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 48319-48320 2018-20664 Meetings: Advisory Committee on Research on Women's Health, 48320 2018-20665 Clinical Center Research Hospital Board, 48320-48321 2018-20663 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 48319 2018-20666 Energy National Nuclear National Nuclear Security Administration NOTICES Meetings:
Defense Programs Advisory Committee, 48297-48298 2018-20700 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Pot Catcher/Processors in Bering Sea and Aleutian Islands Management Area, 48263-48264 2018-20713 NOTICES Meetings: Advisory Committee to U.S. Section of International Commission for Conservation of Atlantic Tunas; Fall Meeting, 48290-48291 2018-20714 Gulf of Mexico Fishery Management Council, 48289-48290 2018-20717 North Pacific Fishery Management Council, 48291 2018-20716 Performance Review Board Membership, 48294-48295 2018-20695 Permit Applications:
Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Exempted Fishing, 48294 2018-20711 General Provisions for Domestic Fisheries; Exempted Fishing, 48292-48294 2018-20718 User Manual for Optional User Spreadsheet Tool for 2018 Revisions to Technical Guidance for Assessing Effects of Anthropogenic Sound on Marine Mammal Hearing: Underwater Thresholds for Onset of Permanent and Temporary Threshold Shifts, 48291-48292 2018-20712 Nuclear Regulatory Nuclear Regulatory Commission RULES Inflation Adjustments to Price-Anderson Act Financial Protection Regulations, 48202-48203 2018-20650 NOTICES Applications:
Zion Nuclear Power Station, Units 1 and 2; ZionSolutions, LLC, 48343-48346 2018-20645 Guidance: Preparation of Environmental Reports for Nuclear Power Stations, 48346 2018-20699 Postal Service Postal Service RULES Production or Disclosure of Material or Information, 48233-48237 2018-20585 Securities Securities and Exchange Commission NOTICES Consolidated Tape Association: Filing and Immediate Effectiveness of Twenty-Fourth Charges Amendment to Second Restatement of CTA Plan and Fifteenth Charges Amendment to Restated CQ Plan, 48356-48357 2018-20661 Orders:
Exemptions from Specified Provisions of the Exchange and the Investment Company Acts and Certain Rules Thereunder, 48346-48349 2018-20739 Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq PHLX, LLC, 48353-48354 2018-20659 Nasdaq Stock Market, LLC, 48354-48356 2018-20660 New York Stock Exchange, LLC, 48350-48353 2018-20658 State Department State Department NOTICES Environmental Impact Statements; Availability, etc.: Keystone XL Pipeline Mainline Alternative Route in Nebraska;
Public Meeting, 48358 2018-20641 Meetings: Shipping Coordination Committee, 48358-48359 2018-20697 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release, 48321-48322 2018-20696 Veteran Affairs Veterans Affairs Department RULES Acquisition Regulations:
Taxes; Quality Assurance; Transportation; Solicitation Provisions and Contract Clauses; and Special Procurement Controls, 48257-48263 2018-20323 Veteran-Owned Small Business Verification Guidelines, 48221-48232 2018-20639 NOTICES Meetings: Special Medical Advisory Group, 48359 2018-20642 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 185 Monday, September 24, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 331 9 CFR Part 121 [Docket No.
APHIS-2009-0070] RIN 0579-AD09 Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List; Amendments to the Select Agent and Toxin Regulations; Technical Amendment AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. SUMMARY: As part of a final rule published in the **Federal Register** on October 5, 2012, we amended and republished the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products.
In that final rule we removed bovine spongiform encephalopathy agent from the list of select agents or toxins, but we neglected to remove it from the list of those select agents or toxins whose seizure must be reported within 24 hours by telephone, facsimile, or email. We are remedying that oversight in this document. We are also updating the name of another select agent to reflect its most current scientific classification, correcting a typographical error, and updating the name of a guidance document referenced in the regulations.
DATES: Effective September 24, 2018. FOR FURTHER INFORMATION CONTACT: Dr. Keith Wiggins, Acting National Director, Agriculture Select Agent Services, APHIS, 4700 River Road Unit 2, Riverdale, MD 20737-1231;
(301)851-2024. SUPPLEMENTARY INFORMATION: Background The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 provides for the regulation of certain biological agents that have the potential to pose a severe threat to both human and animal health, to animal health, to plant health, or to animal and plant products. The Animal and Plant Health Inspection Service (APHIS) has the primary responsibility for implementing the provisions of the Act within the U.S. Department of Agriculture. Veterinary Services
(VS)select agents and toxins are those that have been determined to have the potential to pose a severe threat to animal health or animal products. Plant Protection and Quarantine
(PPQ)select agents and toxins are those that have the potential to pose a severe threat to plant health or plant products. Overlap select agents and toxins are those that have been determined to pose a severe threat to both human and animal health or animal products. Overlap select agents are subject to regulation by both APHIS and the Centers for Disease Control and Prevention, which has the primary responsibility for implementing the provisions of the Act for the Department of Health and Human Services. On October 5, 2012, we published in the **Federal Register** (77 FR 61056-61081, Docket No. APHIS-2009-0070) a final rule 1 that amended and republished the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products; and amended the regulations in order to add definitions and clarify language concerning security, training, biosafety, biocontainment, and incident response. 1 To view the final rule, its preceding proposed rule, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0070.* In that rule, we removed bovine spongiform encephalopathy agent from the list of VS select agents and toxins set out in 9 CFR 121.3(b). However, paragraph (f)(3)(i) of that section continues to list bovine spongiform encephalopathy agent among those VS select agents and toxins whose seizure by any Federal law enforcement agency must be reported within 24 hours by telephone, facsimile, or email. We are removing this outdated reference. Additionally, in paragraph (d)(9) of that section we reference pigeon paramyxovirus-1, but the numerical suffix appears as “-12” instead of “-1.” We are correcting that. The list of PPQ select agents and toxins is set out in 7 CFR 331.3(b) and includes the fungal plant pathogen, *Phoma glycinicola* (formerly *Pyrenochaeta glycines* ). Recent molecular and phylogenetic studies have resulted in the reclassification of this pathogen as *Coniothyrium glycines.* 2 We are updating the regulations accordingly. 2 de Gruyter J, Woudenberg JHC, Aveskamp MM, et al. (2013). Redisposition of phoma-like anamorphs in *Pleosporales* re-evaluation. *Studies in Mycology* 75: 1-36. *https://www.sciencedirect.com/science/article/pii/S0166061614600014?via%3Dihub.* The regulations in 7 CFR 331.11 and 9 CFR 121.11 require development of a security plan that provides for measures sufficient to safeguard the select agent or toxin against unauthorized access, theft, loss, or release. In paragraph
(g)of those sections, we recommend that an individual or entity consider the document entitled, “Security Guidance for Select Agent or Toxin Facilities” when developing the required plan. We are correcting the name of that document, which has been shortened to “Security Plan Guidance,” in its most recent update. List of Subjects 7 CFR Part 331 Agricultural research, Laboratories, Plant diseases and pests, Reporting and recordkeeping requirements. 9 CFR Part 121 Agricultural research, Animal diseases, Laboratories, Medical research, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 331 and 9 CFR part 121 are amended as follows: Title 7—Agriculture PART 331—POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS 1. The authority citation for part 331 continues to read as follows: Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, and 371.3. § 331.3 [Amended] 2. In § 331.3, paragraph
(b)is amended by removing the entry “ * Phoma glycinicola * (formerly *Pyrenochaeta glycines* );” and adding, in alphabetical order, an entry for “ *Coniothyrium glycines,* (formerly *Phoma glycinicola, Pyrenochaeta glycines* );”. § 331.11 [Amended] 3. In § 331.11, paragraph
(g)is amended by removing the words “Security Guidance for Select Agent or Toxin Facilities” and adding the words “Security Plan Guidance” in their place. Title 9—Animals and Animal Products PART 121—POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS 3. The authority citation for part 121 continues to read as follows: Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, and 371.4. § 121.3 [Amended] 4. Section 121.3 is amended as follows: a. In paragraph (d)(9), by removing “-12” and adding “-1” in their place; and b. In paragraph (f)(3)(i), by removing the words “bovine spongiform encephalopathy agent,”. § 121.11 [Amended] 5. In § 121.11, paragraph
(g)is amended by removing the words “Security Guidance for Select Agent or Toxin Facilities” and adding the words “Security Plan Guidance” in their place. Done in Washington, DC, this 19th day of September 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018-20694 Filed 9-21-18; 8:45 am]
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7 references not yet in our index
- 7 CFR 331
- 9 CFR 121
- 9 CFR 121.3(b)
- 7 CFR 331.3(b)
- 7 CFR 331.11
- 9 CFR 121.11
- 7 CFR 2.22
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cites case law
Unknown
Final rule; technical amendment
Cite7 CFR 331
Cite9 CFR 121
Cite9 CFR 121.3(b)
Cite7 CFR 331.3(b)
Cite7 CFR 331.11
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